{"operation":"document","citation":"CPF 420175023W","title":"FRONTIER ENERGY SERVICES, L.L.C. — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2017-06-13","effective_on":null,"summary":"CLOSED warning letter citing 195.228(a).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175023w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175023w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-420175023w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/420175023W","body":"Warning Letter involving FRONTIER ENERGY SERVICES, L.L.C.. PHMSA's enforcement data identifies the cited regulation as 195.228(a). The case was opened on 2017-06-13 and is reported as closed as of 2017-06-13. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n420175023W_Warning Letter_06132017.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175023W/420175023W_Warning%20Letter_06132017.pdf\n\n420175023W_Warning Letter_06132017_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/420175023W/420175023W_Warning%20Letter_06132017_text.pdf\n\n420175023W_Warning Letter_06132017_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 13, 2017\nMr. Robert Shain\nSenior Vice President of Engineering\nFrontier Energy Services, LLC\n4200 E. Skelly Drive, Suite 400\nTulsa, OK 74135-3256\nCPF 4-2017-5023W\nDear Mr. Robert Shain:\nDuring the weeks of November 30, 2015 and March 13, 2016, a representative of the Pipeline and\nHazardous Materials Safety Administration (PHMSA) pursuant to Chapter 601 of 49 United States\nCode inspected your Frontier Energy Services, LLC (Frontier, the Operator) Alpha Crude\nConnector pipeline project in Lea County, New Mexico.\nAs a result of the inspection, it is alleged that you have committed a probable violation of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and the\nprobable violation is:\n1. §195.228 Welds and welding inspection: Standards of acceptability.\n(a) Each weld and welding must be inspected to insure compliance with the\nrequirements of this subpart. Visual inspection must be supplemented by\nnondestructive testing.\nThe Frontier Energy Services welding inspector failed to perform visual inspections of production\nwelds as required by 49 CFR §195.228. During a PHMSA construction inspection on December\n2, 2015, the PHMSA Inspector was observing production welding on the Alpha Crude Connector\npipeline project and determined that the welding inspector did not perform any visual inspections\nof welds. The operator also had no inspection records to show that the visual inspections had been\nperformed prior to PHMSA’s inspection.\n\n\n\nPHMSA’s construction inspector observed field production welding in Lea County, NM and the\nFrontier welding inspector failed to inspect each weld-pass for defects and failed to ensure inter-\npass cleaning was sufficient to eliminate slag entrapment. At the time of the inspection, the\nWelding Inspector did not have any equipment, such as a volt and current meter needed to check\nthat the welds were performed according to the qualified welding procedure. In addition, there\nwere no records to indicate that the inspector had performed visual inspections on previous field\nwelds to ensure adherence to the welding procedure and the acceptability of welds per Section 9\nof API Std. 1104 as required by Part 195.228.\nAfter the above findings were presented to Frontier Energy Services by PHMSA, the operator\nmade changes to their welding inspection procedure and replaced the Welding Inspector. The\nchanges were confirmed during a follow-up field inspection on March 13-16, 2016.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed $205,638\nper violation per day the violation persists up to a maximum of $2,056,380 for a related series of\nviolations. For violation occurring between January 4, 2012 to August 1, 2016, the maximum\npenalty may not exceed $200,000 per violation per day, with a maximum penalty not to exceed\n$2,000,000 for a related series of violations. For violations occurring prior to January 4, 2012, the\nmaximum penalty may not exceed $100,000 per violation per day, with a maximum penalty not to\nexceed $1,000,000 for a related series of violations. We have reviewed the circumstances and\nsupporting documents involved in this case, and have decided not to conduct additional\nenforcement action or penalty assessment proceedings at this time. We advise you to correct the\nitem identified in this letter. Failure to do so will result in Frontier Energy Services, LLC being\nsubject to additional enforcement action.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer to\nCPF 4-2017-5023W. Be advised that all material you submit in response to this enforcement\naction is subject to being made publicly available. If you believe that any portion of your\nresponsive material qualifies for confidential treatment under 5 U.S.C. 552(b), along with the\ncomplete original document you must provide a second copy of the document with the portions\nyou believe qualify for confidential treatment redacted and an explanation of why you believe the\nredacted information qualifies for confidential treatment under 5 U.S.C. 552(b).\nSincerely,\nJon Manning\nActing Director, Southwest Region\nPipeline and Hazardous Materials Safety Administration\n2","truncated":false,"body_characters":4945}